F. M. Bohannon Tobacco Co.

In the Matter of F. M. BOHANNON TOBACCO COMPANY and LOCAL 229, TOBACCO WORKERS INTERNATIONAL UNION Case No. B-3295.-Decided December 12, 1941 Jurisdiction : plug tobacco manufacturing industry. Investigation and Certification of Representatives : existence of question : re- fusal of Company to recognize union until certified by the Board ; election necessary. Unit Appropriate for Collective Bargaining : all employees of the Company, including watchmen and firemen, but excluding clerical employees and foremen ; agreement as to. Manley, Hendren do Womble, by Mr. 1V. A. Sandridge, of Winston'- Salem, N. C., for the Company. Mr. E. E. Lester, of Winston-Salem, N. C., for the Union. Mr. Louis Cokin, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Cu September 26, 1941, Local 229, Tobacco Workers International Union, herein called the Union, filed with the Regional Director for the Fifth Region (Baltimore, Maryland) a petition alleging that a question affecting commerce had arisen concerning the representa- tion of employees of F. M. Bohannon Tobacco Company, Winston- Salem, North Carolina, herein called the Company, and requesting an investigation and certification of representatives pursuant to Section 9 (c) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. On October 30, 1941, the National Labor Re- lations Board, herein called the Board, acting pursuant to Section 9 (c) of the Act and Article III, Section 3, of National Labor Rela- tions Board Rules and Regulations-Series 2, as amended, ordered an investigation and authorized the Regional Director to conduct it and to provide for an appropriate hearing upon due notice. On October 31, 1941, the Regional Director issued a notice of hearing, copies of which were duly served upon the Company and 37 N. L R B, No. 85. 526 F. M. BOHANNON TOBACCO COMPANY 527 -the Union. Pursuant to notice, a hearing was held on November 14, 1941, at Winston-Salem, North Carolina, before Robert Knadler, the Trial Examiner duly designated by the Chief Trial Examiner. The Company and the Union were represented and participated in the hearing. Full opportunity to be heard, to examine and cross- •examine witnesses, and to introduce evidence bearing_ on the issues was afforded all parties. During the course of the hearing the Trial Examiner granted a motion of the Union to amend the petition to set forth correctly the unit. During the course of the hearing the Trial Examiner made several rulings on other motions and on ob- jections to the admission of evidence. The Board has reviewed these rulings and finds that no prejudicial errors were committed. The rulings are hereby affirmed. Upon the entire record in the case, the Board makes the following : FINDINGS OF FACT I. THE BUSINESS OF THE COMPANY F. M. Bohannon Tobacco Company is a North Carolina corpora- tion with its principal place of business at Winston-Salenl, North Carolina, where it is engaged in the manufacture of plug tobacco. During 1940 the Company purchased raw materials valued at about $92,000, approximately $22,000 worth of which was shipped to it from points ,outside the State of North Carolina. During the same period the Company sold finished products valued at about $385,000, approximately 80 per cent of which was shipped by it to points outside the State of North Carolina. The Company admits that it is engaged in commerce within the meaning of the Act. II. THE ORGANIZATION INVOLVED, Local 229, Tobacco Workers International Union, is a labor organi- zation affiliated with the American Federation of Labor. It admits to membership employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION The Company refuses to recognize the Union as the exclusive rep- resentative of its employees until such time as it is certified by the Board. A statement of the Trial Examiner, introduced in evidence during the hearing, indicates that the Union represents ,a substantial number of employees in the alleged appropriate unit.' 1 The Trial Examiner reported that the Union presented 108 membership application cards to him bearing the signatures of persons whose names appear on the Company 's pay roll of November 13, 1941 The Company - employs approximately 150 employees. 528 DECISIONS OF NATIONAL LABOR RELATIONS BOARD We find that a question has arisen concerning the representation of employees of the Company. IV. THE EFFECT OF THE QUESTION CONCERNING REPRESENTATION UPON COMMERCE We find that the question concerning representation which has arisen, occurring in connection with the operations of the Company described in Section I above, has a close, intimate, and substantial relation to, trade, traffic, and commerce among the several States and tends to lead to labor disputes burdening and obstructing commerce and the free flow of commerce. V. THE APPROPRIATE UNIT The Union and the Company agree that all employees of the Com- pany, excluding clerical employees and foremen, constitute an appro- priate unit. The only controversy with respect to the unit concerns the watchmen and firemen. The Company employs three watchmen and firemen. The Union urges that these employees be included in the unit and the Company that they be excluded. ' The same persons perform both watchmen and firemen duties, and they are required to make scheduled rounds of the Company's premises and to maintain the steam in the boilers. In' addition to these duties, they sprinkle tobacco leaf during week ends when other employees of the Company are not present. It appears from the record that they are eligible to membership in the Union. Under all the circumstances, including the fact that they perform certain duties closely related to production and maintenance in addition to their duties as watchmen, we find that the watchmen and firemen should be included in the unit. We find that all employees of the Company, including watchmen and firemen, but excluding clerical employees and foremen, constitute a unit appropriate for the purposes of collective bargaining and that said unit will insure to employees of the Company the full benefit of their right to self-organization and to collective bargaining and otherwise will effectuate the policies of the Act. VI. THE DETERMINATION OF REPRESENTATIVES We find that the question concerning representation which has arisen can best be resolved by the holding of an election by secret ,ballot. We shall direct that those eligible to vote in the election shall be the employees within the appropriate unit who were employed during the pay-roll period immediately preceding' the date of' the F. M. BOHANNON TOBACCO COMPANY 529 Direction,of Election herein, subject to the limitations and additions set forth in the Direction. Upon the basis of the above findings of fact and upon the entire record in the case, the Board makes the following : CONCLUSIONS OF LAW 1. A question affecting commerce has arisen concerning 'the repre- sentation of employees of F. M. Bohannon Tobacco Company, Winston-Salem, North Carolina, within the meaning of Section 9 (c) and Section 2 (6) and (7) of the National Labor Relations Act. 2. All employees of the Company, including watchmen and fire- men, but excluding clerical employees and foremen, constitute a unit appropriate for the purposes of collective bargaining, within the meaning of Section 9 (b) of the National Labor Relations Act. DIRECTION OF ELECTION By virtue of and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Relations Act and pursuant to Article,III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purposes of collective bargaining with F. M. Bohannon Tobacco Company, Winston-Salem, North Carolina, an election by secret ballot shall be conducted as early as possible, but not later than thirty (30)' days from the date of this Direction, under the direction and supervision of the Regional Direc- tor for the Fifth Region, acting in this matter as agent for the National Labor Relations Board and subject to Article III, Section 9, of said Rules and Regulations, among all employees of the Company who were employed during the pay-roll- period immediately preced- ing the date of this Direction, including watchmen and firemen and employees who did not work during such pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding clerical employees, foremen, and employees who have since quit or been discharged for cause, to determine whether or not they desire (to be represented by Local 229, Tobacco Workers International Union, affiliated with the American Federation of Labor, for the purposes of collective bargaining.